TO: AC Transit Board of Directors
FROM: Linda A. Nemeroff, Board Administrative Officer/District Secretary
SUBJECT: Board Policy 145
ACTION ITEM
AGENDA PLANNING REQUEST: ☐
RECOMMENDED ACTION(S):
Title
Consider approving minor amendments to Board Policy 145 - Elections: Political and Campaign Activities.
Staff Contact:
Linda A. Nemeroff, Board Administrative Officer/District Secretary
Aimee L. Steele, General Counsel/Chief Legal Officer
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
The periodic review of election policies prior to upcoming Board elections ensures the District’s compliance with fair political practices and provides clear expectations to candidates running for office.
BUDGETARY/FISCAL IMPACT:
There is no budgetary/fiscal impact associated with this report.
BACKGROUND/RATIONALE:
The General Counsel and District Secretary, in consultation with outside legal counsel, have reviewed Board Policy 145 in preparation for the 2026 Board election. While no major amendments are being proposed at this time, staff is proposing the following amendments:
Section IV.B. - Prohibited Activities was updated to clarify the prohibition against Board members and candidates soliciting campaign contributions from employees during District time or at a District facility. Additional clarification was made regarding the electronic distribution of such solicitations.
Section IV.C - Enforcement has been amended to include references to administrative or civil fines, and in certain circumstances, criminal penalties. These consequences may apply when the use of District resources to advocate for or against a measure is found to violate campaign reporting requirements, as outlined in regulations adopted by the Fair Political Practices Commission (FPPC).
Overall, the policy remains accurate and aligns with the regulations established by the FPPC. Staff recommends approving the proposed amendments as presented.
ADVANTAGES/DISADVANTAGES:
Board Policy 145 ensures compliance with FPPC regulations and the avoidance of any potential violations or misuse of District resources for campaign or political activities. There are no disadvantages.
ALTERNATIVES ANALYSIS:
There are no practical alternatives to the course of action recommended in this report.
PRIOR RELEVANT BOARD ACTION/POLICIES:
This policy was last reviewed in 2023.
ATTACHMENTS:
Board Policy 145 (redlined)
Prepared by:
Linda Nemeroff, Board Administrative Officer/District Secretary
Approved/Reviewed by:
Aimee L. Steele, General Counsel/Chief Legal Officer
Linda A. Nemeroff, Board Administrative Officer/District Secretary